September 21, 2021, District of New Jersey – Trustee Daniel E. Straffi for the bankruptcy estate of Fairview Funding, LLC (the “Debtor”), brings a complaint against a premier home care agency, Top Choice Home Care LLC, and its president, Samera Butler for alleged breach of agreement, breach of guaranty, turnover of property and unjust enrichment.
The Trustee seeks to recover an amount of $410,388.00 from the Defendants, alleging that Top Choice received the misdirected payments and failed to remit such payments to the Debtor as required under a factoring and security agreement between the parties. Allegedly, Defendant Butler had entered into an unconditional and irrevocable guaranty of payment and performance with the Debtor, pursuant to which she agreed to unconditionally and irrevocably guarantee full payment of all amounts owed by, and fully, promptly and faithfully perform all other obligations of, Top Choice under the agreement.
In re Fairview Funding, LLC, Case Number – 20-18314 (CMG). Honorable Christine M. Gravelle is overseeing the Debtor’s bankruptcy case.
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